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vogue
05-28-2008, 08:22 PM
to cut the story short:

* filipina mum marries a USC,
* mum becomes USC through marriage,
* USC stepdad sponsors the mum's baby,
* baby has been bought up in the u.s and never left the country,
* both parents are USC before he turned 18 on 27 February
2001
*parents did not naturlised him
*he's never had a U.S passport
*only has a philippine birth certificate
* he is 25 years old now


Q: WHAT IS HIS LEGAL PRESENCE?
Q: Can he marry a non-usc

Additional Details


his biological dad is filipino

his stepdad is a born american, married his mum, she became a USC, he went there when he was 2 (not sure on what visa???)
he hasn't left the country
they did not naturalize him
stepdad only sponsored him as soon as he got married to the mum

YRuth
05-28-2008, 08:25 PM
If the mom is a natualized citizen didn't she petition her son once she got married to a USC?

vogue
05-28-2008, 08:34 PM
no! she didnt do nothing!!!

he now wants to marry a non-usc, only problem is when it comes to filing papers to sponsor his wife and to provide documentation he only has his philippine birth certificate!

vogue
05-28-2008, 08:35 PM
would she have had to do that anyway, since the stepdad sponsored him to come to the u.s when he was a baby?
even after that the mum should've naturalised him?
i know he can do it himself for $600!!!

Marie
06-02-2008, 10:34 PM
i think that by her becoming naturalized, he can get us citizenship but since he's older than 18 (i'm assuming), he'll have to file the N400.

this will help:

http://immigrate2us.net/forum/showthread.php?t=14822

i would also ask an immigration lawyer to be sure. Laurel has her free chats on wednesdays

douginguam
06-19-2008, 01:28 AM
to cut the story short:

* mum becomes USC through marriage,
* USC stepdad sponsors the mum's baby,
* baby has been bought up in the u.s and never left the country,
* both parents are USC before he turned 18 on 27 February 2001

Q: WHAT IS HIS LEGAL PRESENCE?
Q: Can he marry a non-usc


The evidence supports that he is a US Citizen.

He can use N-600 to apply for Ceritificate of Citizenship.

Form N-600 instructions "4. You may also file for a certificate of citizenship if all of the following actions occurred before your 18th birthday and prior to February 27, 2001:
A. You regularly resided in the United States after admission as a lawful permanent resident, and
B. Both of your parents, the parent having legal and physical custody of you, or your sole surviving parent naturalized as a U.S. citizen."

He can enquire at a passport office whether he can just get a passport without an "Cert of Citizenship".

I expect he can marry anyone he wants to marry - and that he can sponsor them to come to the US as he is a USC spouse. All of that sort of thing will go much more smoothly when he has evidence in hand.

:go:Good luck:go: